Jollana (Ogilvie)

[504] " juliana "-(Ogilvie). March 19, 1822 -In a divided voyage, in which cargoes are successively taken in and delivered at different ports, and freight thereby earned for the owners, the mariners are by the general law entitled to their wages up to the time of arrival at each port of delivery; and an attempt to extinguish their right, in case of the loss of the ship on the last part of such 2 DODS. 506. THE " JULIANA " 1561 divided voyage, by inserting a covenant in the ship's articles that they ahall not be entitled to any part of their wages unless the ship returns to the last port of discharge, will not be upheld by the Court of Admiralty. [Referred to, The " Lady Durham" 1835, 3 Hagg. 202.] This was a suit instituted by William Lattiniore, a seaman, against George Horsley Palmer and Lestock Wilson, the principal owners thereof, for the recovery of wages earned on board this ship. A summary petition was given m and admitted on the part of Lattimore, in which it waa pleaded, that in August 1820 the " Juliana " was designed on a voyage from Portsmouth to New South Wales, thence to Batavia, thence to Bengal, and back to the port of London ; that the master hired him as a seaman on board for the voyages, at the rate of 2 per month ; and that on the 22d of August he went on board and entered into articles of agreement, that the ship took on board convicts for New South Wales, and arrived there on the 27th of December following, landed the convicts, and, having taken on board live stock and salt, in January 1821 set sail for Port Jackson ; arrived there at the latter end of the same month, delivered her cargo, and in the following month proceeded in ballast to Batavia, and there arrived in the month of March , that she then took a cargo of poultry for Minto, and copper, oil, and spices for Bengal , arrived and delivered the poultry at Minto, and proceeded to Siccapore, where she arrived on the 4th of May following, and having discharged the rest of her cargo, and taken in 300 tons of sugar for England, sailed on [505] the 15th of July, and arrived in the Downs on the 19th of December ; that the ship struck on the Kentish Knock on the 24th of December, and was wrecked, and all the crew, with the exception of Lattimore and another mariner, were lost ; that Lattimore was picked up by a fishing boat on the 27th of December, and came to London ; that he applied for his wages, but was refused payment. The petition then pleaded that Lattimore faithfully performed his duty as a seaman, and well deserved the wages schedulate ; and it further pleaded, that during the voyages aforesaid, save the voyage from Calcutta to London, large freights were earned ; and that on the last voyage a considerable part of the cargo was saved from the wreck ; and that the freight earned upon what was so saved, was more than sufficient to pay the wages claimed. Schedule referred to in the Petition. William Lattimore, shipped on board the " Juliana," 22d of August 1820, and arrived at Deptford 27th of December 1821, being sixteen months and five days, at the rate of 2 per month . . . 32 6 8 By sundries received . . . . . . . . .700 25 6 8 An allegation, responsive to the summary petition, was brought in on the part of the owners. It pleaded, in the first article, that previous to the ship sailing from London in August 1820, articles, of the usual printed form, were prepared in duplicate, and filled up, whereby the officers and seamen engaged to proceed on a voyage from London to Botany Bay, the East Indies, and all [506] ports and places to the eastward of the Cape of Good Hope, to which she should be ordered by the owners or their agents, and from thence back to the port of London, under the conditions therein mentioned ; that the articles of agreement were signed in duplicate ; that one pirt of them was sent to the owners in London, and has since been brought into the registry of the Court, and that the other part was retained on board the ship, and was lost when she was wrecked on the Kentish Knock ; that by these articles it was agreed, that no officer or seaman should demand or be entitled to his wages, or any part thereof, until the arrival of the ship at the above-mentioned port of discharge, and her cargo delivered; and it further pleaded, that by the above-mentioned port of discharge was meant and intended the port of London, and that the ship was totally lost, together with her cargo, on her return to and before her arrival in London, and before any part of her cargo had been delivered. The second article recited the latter part of the summary petition, in which it was stated, " that when the ship was wrecked, a considerable part of the cargo waa 1562 the "juliana" 2DODS.sot. saved, and that the freight earned upon the part of the cargo so saved was more than sufficient to pay the wages claimed," denied the truth of what was so stated, and alleged, that the whole cargo was lost, except sixteen boxes of oil aud ginger, supposed to be a part of it, which, from the damaged state they were in, and the expenses to which they were liable, were of little or no value ; and if they had been delivered in London, the freight of them would not have [507] amounted to more than about 13 ; and that no freight has been received or is due or recoverable for any part of the cargo. The admission of the first article of this allegation was opposed. Judgment-Lord Stowell: This is a suit commenced by a manner for wages acquired in a very long voyage, the particulars of which are set forth m a summary petition. It is alleged that this seaman, William Lattimore, was hired in August 1820 to proceed, at wages therein specified, on board the " Juliana " from Portsmouth, designed on a voyage to New South Wales, Batavia, Bengal, and back to London. She accordingly sailed with a cargo of convicts to the River Derwent in Ne\r South Wales ; arrived, and landed them there, took on board live stock and salt provisions, and sailed to Port Jackson, where she delivered that cargo , and then sailed to Batavia, where she took in a cargo of poultry, which she partly delivered at Minto, and then sailed to Siccapore, where she delivered the remainder, and took in sugar for England and various goods for Calcutta, at which place she discharged the latter goods, and took in other articles for England In the month of December last she arrived in the Downs, where, having struck on the Kentish Knock, she was wrecked, and every soul on board perished, except Lattimore and another, who were picked up by a fishing boat ; and it is alleged that this seaman, during the whole of these voyages, did well and ably perform his duty. These circumstances are all of them honestly and fairly admitted by the owners ; but it is pleaded in the first article of their [508] allegation, that all the manners, previously to then sailing from England, signed articles, whereby it was amongst other things stipulated, that no seaman belonging to the vessel should demand or be entitled to his wages, or any part thereof, until her return to London, and her return cargo delivered It is admitted by the owners, in their answer to the summary petition, that they had received nearly three thousand pounds freight for the early parts of the voyage, and possibly more, as they had not yet leceived the whole of their accounts from their agents in India ; whether they had...